[Federal Register Volume 76, Number 174 (Thursday, September 8, 2011)]
[Proposed Rules]
[Pages 55614-55616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22933]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0971; Directorate Identifier 2011-CE-030-AD]
RIN 2120-AA64


Airworthiness Directives; Pacific Aerospace Limited Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
Pacific Aerospace Limited Models FU24-954 and FU24A-954 airplanes 
modified with an unapproved hopper lid modification. This proposed AD 
results from mandatory continuing airworthiness information (MCAI) 
originated by an aviation authority of another country to identify and 
correct an unsafe condition on an aviation product. The MCAI describes 
the unsafe condition as:

    Investigation of a recent Cresco 08-600 accident identified a 
risk of the hopper lid interfering with the opening of the canopy in 
the event of an emergency landing. The pilot was prevented from 
opening the canopy by the hopper lid in the fully forward open 
position. This AD is issued due to the fact that the hopper lid 
installation on the accident aircraft was an unapproved modification 
and the Fletcher FU24 hopper installation is a similar design to the 
Cresco 08-600.

The proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by October 24, 
2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (telephone (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4146; fax: (816) 329-4090; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 55615]]

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-0971; 
Directorate Identifier 2011-CE-030-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The Civil Aviation Authority, which is the aviation authority for 
New Zealand, has issued AD DCA/FU24/180, dated July 28, 2011 (referred 
to after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Investigation of a recent Cresco 08-600 accident identified a 
risk of the hopper lid interfering with the opening of the canopy in 
the event of an emergency landing. The pilot was prevented from 
opening the canopy by the hopper lid in the fully forward open 
position. This AD is issued due to the fact that the hopper lid 
installation on the accident aircraft was an unapproved modification 
and the Fletcher FU24 hopper installation is a similar design to the 
Cresco 08-600.

The MCAI requires reviewing the aircraft records, doing a conformity 
inspection for an approved design hopper lid installation, and removing 
the hopper lid installation, if not an approved design. You may obtain 
further information by examining the MCAI in the AD docket.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are proposing this AD because 
we evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Differences Between This Proposed AD and the MCAI or Service 
Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.

Costs of Compliance

    We estimate that this proposed AD will affect 1 product of U.S. 
registry. We also estimate that it would take about 1 work-hour per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $85 per work-hour. Required parts would cost 
about $0 per product.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $85, or $85 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 6 work-hours and require parts costing $0, for a cost of 
$510 per product. We have no way of determining the number of products 
that may need these actions.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Pacific Aerospace Limited: Docket No. FAA-2011-0971; Directorate 
Identifier 2011-CE-030-AD.

Comments Due Date

    (a) We must receive comments by October 24, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Pacific Aerospace Limited Models FU24-954 
and FU24A-954 airplanes, all serial numbers, certificated in any 
category.

Subject

    (d) Air Transport Association of America (ATA) Code 52: Doors.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    Investigation of a recent Cresco 08-600 accident identified a 
risk of the hopper lid interfering with the opening of the canopy in 
the event of an emergency landing. The pilot was prevented from 
opening the canopy by the hopper lid in the fully forward open 
position. This AD is issued due to the fact that the hopper lid 
installation on the

[[Page 55616]]

accident aircraft was an unapproved modification and the Fletcher 
FU24 hopper installation is a similar design to the Cresco 08-600.

The MCAI requires reviewing the aircraft records, doing a conformity 
inspection for an approved design hopper lid installation, and 
removing the hopper lid installation, if not an approved design.

Actions and Compliance

    (f) Unless already done, do the following actions within 150 
hours time-in-service (TIS) after the effective date of this AD or 
within 12 calendar months after the effective date of this AD, 
whichever occurs first:
    (1) Review the aircraft records and determine whether a hopper 
lid modification has been recorded. If a hopper lid modification has 
been recorded, determine whether the aircraft was certified for 
release to service after completion of the modification and whether 
the applicable approved technical data (supplemental type 
certificate (STC) or field approval) is referenced. Visually inspect 
for an unapproved hopper lid modification.
    (2) If the hopper lid modification is an approved design, do a 
conformity inspection and determine whether the hopper lid 
modification conforms to the applicable approved technical data 
(supplemental type certificate (STC) or field approval).
    (3) If the hopper lid modification is not an approved design 
(STC or field approval), before further flight, remove the hopper 
lid installation.

    Note 1: The Frontier-Aerospace Incorporated Models Fletcher FU-
24 and Fletcher FU-24A airplanes are U.S. type-certificated 
airplanes and do not have this unsafe condition.


    Note 2: The basic hopper installation for the Pacific Aerospace 
Limited Model FU24-954 airplane does not include a hopper lid due to 
the canopy sliding partly over the hopper inlet. A separate approval 
must be obtained to install a hopper lid.

FAA AD Differences

    Note 3: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Office, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. Send 
information to ATTN: Karl Schletzbaum, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4146; fax: (816) 329-4090; e-
mail: [email protected]. Before using any approved AMOC on 
any airplane to which the AMOC applies, notify your appropriate 
principal inspector (PI) in the FAA Flight Standards District Office 
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, a Federal agency may not conduct or sponsor, and a person 
is not required to respond to, nor shall a person be subject to a 
penalty for failure to comply with a collection of information 
subject to the requirements of the Paperwork Reduction Act unless 
that collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 5 minutes per response, including the 
time for reviewing instructions, completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Comments concerning the accuracy of this 
burden and suggestions for reducing the burden should be directed to 
the FAA at: 800 Independence Ave., SW., Washington, DC 20591, Attn: 
Information Collection Clearance Officer, AES-200.

Related Information

    (h) MCAI Civil Aviation Authority (CAA) AD DCA/FU24/180, dated 
July 28, 2011, for related information. You may review copies of the 
referenced service information at the FAA, Small Airplane 
Directorate, 901 Locust, Kansas City, Missouri 64106. For 
information on the availability of this material at the FAA, call 
(816) 329-4148.

    Issued in Kansas City, Missouri, on August 31, 2011.
Earl Lawrence,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-22933 Filed 9-7-11; 8:45 am]
BILLING CODE 4910-13-P